Compilation of the Social Security Laws

MISCELLANEOUS PROVISIONS

(1) HIPPA.—Health benefits coverage provided under section 2101(a)(1)(and coverage
provided under a waiver under section 2105(c)(2)(B)) shall be treated
as creditable coverage for purposes of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974[17], title XXVII of the Public
Health Service Act, and subtitle K of the Internal Revenue Code of
1986[18].

(2) ERISA.—Nothing in this title shall be construed as affecting or modifying
section 514 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1144) with respect to a group health plan (as defined in
section 2791(a)(1) of the Public Health Service Act[19] (42 U.S.C. 300gg– 91(a)(1))).

(b) Adjustment
to Current Population Survey To Include State-by-State Data Relating
to Children Without Health Insurance Coverage.—

(1) In general.—The Secretary of Commerce shall make appropriate adjustments
to the annual Current Population Survey conducted by the Bureau of
the Census in order to produce statistically reliable annual State
data on the number of low-income children who do not have health insurance
coverage, so that real changes in the uninsurance rates of children
can reasonably be detected. The Current Population Survey should produce
data under this subsection that categorizes such children by family
income, age, and race or ethnicity. The adjustments made to produce
such data shall include, where appropriate, expanding the sample size
used in the State sampling units, expanding the number of sampling
units in a State, and an appropriate verification element.

(2) Additional
requirements.—In addition to making the
adjustments required to produce the data described in paragraph (1),
with respect to data collection occurring for fiscal years beginning
with fiscal year 2009, in appropriate consultation with the Secretary
of Health and Human Services, the Secretary of Commerce shall do the
following:

(A) Make appropriate
adjustments to the Current Population Survey to develop more accurate
State-specific estimates of the number of children enrolled in health
coverage under title XIX or this title.

(B) Make appropriate
adjustments to the Current Population Survey to improve the survey
estimates used to determine a high-performing State under section 2111(b)(3)(B)and any other data
necessary for carrying out this title.

(C) Include health
insurance survey information in the American Community Survey related
to children.

(D) Assess whether
American Community Survey estimates, once such survey data are first
available, produce more reliable estimates than the Current Population
Survey with respect to the purposes described in subparagraph (B).

(E) On the basis
of the assessment required under subparagraph (D), recommend to the
Secretary of Health and Human Services whether American Community
Survey estimates should be used in lieu of, or in some combination
with, Current Population Survey estimates for the purposes described
in subparagraph (B).

(F) Continue
making the adjustments described in the last sentence of paragraph
(1) with respect to expansion of the sample size used in State sampling
units, the number of sampling units in a State, and using an appropriate
verification element.

(3) Authority
for the secretary of health and human services to transition to the
use of all, or some combination of, acs estimates upon recommendation
of the secretary of commerce.—If, on
the basis of the assessment required under paragraph (2)(D), the Secretary
of Commerce recommends to the Secretary of Health and Human Services
that American Community Survey estimates should be used in lieu of,
or in some combination with, Current Population Survey estimates for
the purposes described in paragraph (2)(B), the Secretary of Health
and Human Services, in consultation with the States, may provide for
a period during which the Secretary may transition from carrying out
such purposes through the use of Current Population Survey estimates
to the use of American Community Survey estimates (in lieu of, or
in combination with the Current Population Survey estimates, as recommended),
provided that any such transition is implemented in a manner that
is designed to avoid adverse impacts upon States with approved State
child health plans under this title.

(4) Appropriation.—Out of any money in the Treasury of the United States not otherwise
appropriated, there are appropriated $20,000,000 for fiscal year 2009
and each fiscal year thereafter for the purpose of carrying out this
subsection (except that only with respect to fiscal year 2008, there
are appropriated $20,000,000 for the purpose of carrying out this
subsection, to remain available until expended).

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